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SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Thursday, 9:00 A.M.
April 9, 2015
Hearing Room No. 2
Churchill Building,
10019 - 103 Avenue NW,
Edmonton, AB
Hearing Date: Thursday, April 9, 2015
2
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HEARING ROOM NO. 2
I
9:00 A.M.
SDAB-D-15-063
TO BE RAISED
To demolish an existing Religious Assembly
building and to construct a new Religious Assembly
building - 86 seats (Salvation Army)
11661 - 95 Street NW
Project No.: 161993365-002
NOTE:
Unless otherwise stated, all references to “Section numbers” in this Agenda
refer to the authority under the Edmonton Zoning Bylaw 12800.
Hearing Date: Thursday, April 9, 2015
ITEM I: 9:00 A.M.
3
FILE: SDAB-D-15-063
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY THE
COMMUNITY LEAGUE AND ADJACENT PROPERTY OWNERS
APPLICATION NO.:
161993365-002
APPLICATION TO:
Demolish an existing Religious Assembly
building and to construct a new Religious
Assembly building - 86 seats (Salvation
Army)
DECISION OF THE
DEVELOPMENT AUTHORITY:
Approved with Conditions
DECISION DATE:
February 13, 2015
DATE OF APPEAL:
March 2, 2015
NOTIFICATION PERIOD:
February 19, 2015 through March 4, 2015
MUNICIPAL DESCRIPTION
OF SUBJECT PROPERTY:
11661 - 95 Street NW
LEGAL DESCRIPTION:
Plan RN43 Blk 32 Lots 13-15
ZONE:
RF3 Small Scale Infill Development Zone
OVERLAY:
Mature Neighbourhood Overlay
STATUTORY PLAN:
N/A
Hearing Date: Thursday, April 9, 2015
4
DEVELOPMENT OFFICER'S DECISION
APPROVED - The proposed development is approved with the following variances and
subject to the following conditions:
1) PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING PERMIT REVIEW,
the applicant or property owner shall pay a Lot Grading Fee of $220.00.
2) PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING PERMIT REVIEW,
the applicant or property owner shall pay a Sanitary Sewer Trunk Fund fee of $664.54.
All assessments are based upon information currently available to the City. The SSTF
charges are quoted for the calendar year in which the development permit is granted. The
final applicable rate is subject to change based on the year in which the payment is
collected by the City of Edmonton.
3) Landscaping shall be in accordance to the approved landscape plan, Section 55 and to
the satisfaction of the Development Officer.
4) PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING PERMIT REVIEW,
the applicant or property owner shall provide a guaranteed security to ensure that
landscaping is provided and maintained for two growing seasons. The Landscape Security
may be held for two full years after the landscaping has been completed. This security
may take the following forms: cash to a value equal to 100% of the established
landscaping costs;
or
an irrevocable letter of credit having a value equivalent to 100% of the established
landscaping costs. Any letter of credit shall allow for partial draws. If the landscaping is
not completed in accordance with the approved Landscape Plan(s) within one growing
season after completion of the development or if the landscaping is not well maintained
and in a healthy condition two growing seasons after completion of the landscaping, the
City may draw on the security for its use absolutely (Reference Section 55.6).
5) All outdoor trash collection areas shall be located and screened to the satisfaction of the
Development Officer in accordance with Sections 55(4) & (5).
6) The off-street parking, loading and unloading (including aisles or driveways) shall be
hardsurfaced, curbed, drained and maintained in accordance to Section 54.6.
7) Any outdoor lighting for any development shall be located and arranged so that no
direct rays of light are directed at any adjoining properties, or interfere with the
effectiveness of any traffic control devices. (Reference Section 51).
Transportation Services offers the following conditions:
i. Access from the site to the alley exists. Any modification to the existing alley access
requires the review and approval of Transportation Services.
Hearing Date: Thursday, April 9, 2015
5
ii. The parking stalls and the garbage pad adjacent to the alley must be hard surfaced from
the property line to the edge of the alley pavement structure, as shown on Enclosure I.
iii. Any alley, sidewalk, or boulevard damage occurring as a result of construction traffic
must be restored to the satisfaction of Transportation Services, as per Section 15.5(f) of
the Zoning Bylaw. The alley, sidewalks and boulevard will be inspected by Transportation
Services prior to construction, and again once construction is complete. All expenses
incurred for repair are to be borne by the owner.
iv. Any hoarding or construction taking place on road right-of-way requires an OSCAM
(On-Street Construction and Maintenance) permit. The owner or Prime Contractor must
apply for an OSCAM online at:
http://www.edmonton.ca/bylaws_licences/licences_permits/oscam-permit-request.aspx
v. There may be utilities within road right-of-way not specified that must be considered
during construction. The owner/applicant is responsible for the location of all underground
and above ground utilities and maintaining required clearances as specified by the utility
companies. Alberta One-Call (1-800-242-3447) and Shaw Cable (1-866-344-7429;
www.digshaw.ca) should be contacted at least two weeks prior to the work beginning to
have utilities located. Any costs associated with relocations and/or removals shall be at the
expense of the owner/applicant.
ADVISEMENTS:
Transportation offers the following advisements:
1) Transportation Services does not have an objection to an on-street loading zone. For
further information, the applicant must contact George Gortva (780-496-2671) of
Transportation Operations to coordinate this on-street operation.
2) Transportation Services does not object to the proposed parking deficiency of 16 stalls
(provided 6 stalls; required 22 stalls). As mentioned previously, the applicant is pursuing
offsite parking with adjacent land owners.
NOTES:
1) An approved Development Permit means that the proposed development has been
reviewed only against the provisions of the Edmonton Zoning Bylaw. It does not remove
obligations to conform with other legislation, bylaws or land title instruments such as the
Municipal Government Act, the ERCB Directive 079, the Edmonton Safety Codes Permit
Bylaw or any caveats, covenants or easements that might be attached to the Site.
2) The Development Permit shall not be valid unless and until the conditions of approval,
save those of a continuing nature, have been fulfilled; and no notice of appeal from such
approval has been served on the Subdivision and Development Appeal Board within the
time period specified in subsection 21.1 (Reference Section 17.1).
3) Signs require separate Development Applications.
Hearing Date: Thursday, April 9, 2015
6
4) The City of Edmonton does not conduct independent environmental checks of land
within the City. If you are concerned about the suitability of this property for any purpose,
you should conduct your own tests and reviews. The City of Edmonton, in issuing this
Development Permit, makes no representations and offers no warranties as to the
suitability of the property for any purpose or as to the presence or absence of any
environmental contaminants on the property.
5) A Building Permit is Required for any construction or change in use of a building. For a
building permit, and prior to the Plans Examination review, you require construction
drawings and the payment of fees. Please contact the 311 Call Centre for further
information.
6) This Development Permit is not a Business Licence. A separate application must be
made for a Business Licence.
Variances:
1) To vary Section 814.3(3)(c) / 140.4(13)(b), reducing the Side Yard (North) Setback
from 4.5m to 3.0m.
2) To vary Section 814.3(c), reducing the Rear Yard Setback from 14.0m to 7.87m.
3) To vary Section 44.1(a), allowing the Roof Overhang to project 2.0m into the Side Yard
(North) Setback.
4) To vary Section 71.3(a), increasing the maximum total site coverage from 40% to 47%.
5) To vary Section 54.2, Schedule 1, reducing the required parking from 22 to 6 Parking
Spaces.
6) To vary Section 55.4 (a), reducing the required Landscaping from 31 to 16 Trees.
7) To vary Section 55.8(3)(a), to allow for Plant Material that is 100% Deciduous.
APPELLANTS’ SUBMISSIONS
Appellant No. 1
We believe the proposed use of the property and the variances will negatively impact
neighbours. As the Community League, we are supporting neighbours in their concerns.
Appellant No. 2
The proposed use and variances will negatively impact the community and the
neighbourhood.
Appellant No. 3
The proposed development does not belong in a residential neighbourhood (RF3).
Appellant No. 4
Hearing Date: Thursday, April 9, 2015
7
Proposed use and variances will negatively impact the surrounding community.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to demolish an existing Religious Assembly building and to construct
a new Religious Assembly building - 86 seats (Salvation Army).
The site is located on the southeast corner of 117 Avenue and 95 Street and is zoned RF3
Small Scale Infill Development Zone, Section 140 of the Edmonton Zoning Bylaw
12800. The site is within the Mature Neighbourhood Overlay, Section 814 of the
Edmonton Zoning Bylaw 12800.
The Subdivision and Development Appeal Board at a hearing on March 26, 2015, made
and passed the following motion:
“that SDAB-D-15-063 be TABLED TO APRIL 9, 2015 at the written and verbal
request of Legal Counsel for the Appellant, Alberta Avenue Community League;
in agreement with all of the Appellants; and in agreement with Legal Counsel for
the Respondent, Manasc Isaac Architects Ltd.”
Under Section 685(2) of the Municipal Government Act, “any person affected by an
order, decision or development permit made or issued by a development authority may
appeal to the subdivision and development appeal board.”
A Religious Assembly is a Discretionary Use in the RF3 Small Scale Infill Development
Zone, Section 140.3(8).
Under Section 7.8(13), Religious Assembly means development used for worship and
related religious, philanthropic or social activities and includes Accessory rectories,
manses, meeting rooms, food preparation and service facilities, classrooms, dormitories
and other buildings. Typical Uses include churches, chapels, mosques, temples,
synagogues, parish halls, convents and monasteries. This Use Class does not include
Private Education Services, Public Education Services, and Commercial Schools, even as
Accessory Uses.
This application was approved by the Development Officer subject to conditions.
Pursuant to Section 11.3 and 11.4 and subject to the right of appeal to the Subdivision
and Development Appeal Board, Section 21.1, the Development Officer granted the
following variances:
Section 814.3(3)(c) states where the Site Width is 18.3 metres or greater, on a
Corner Site, the Side Setback requirements on the flanking public roadway, other
than a Lane, shall be in accordance with the requirements of the underlying Zone.
Hearing Date: Thursday, April 9, 2015
8
Section 140.4(13)(b) states on a Corner Site where the building faces the Front
Lot Line, the minimum Side Setback flanking the roadway shall be 20 percent of
the Width of the Lot flanking the roadway, to a maximum of 4.5 metres.
The Development Officer determined the required (north) Side Setback is
4.5 metres. The proposed development provides a (north) Side Setback of
3.0 metres, which is deficient by 1.5 metres.
Section 814.3(5) states the minimum Rear Setback shall be 40 percent of Site
depth.
The Development Officer determined the required (east) Rear Setback is
14.0 metres. The proposed development provides a Rear Setback of 7.87
metres, which is deficient by 6.13 metres.
Section 44(1) states the following features may project into a required Setback or
Separation Space as provided for below:
a) verandas, porches, eaves, shade projections, unenclosed steps, chimneys, belt
courses, sills, together with any other architectural features which are of a
similar character, provided such projections do not exceed 0.6 metres in the
case of Setbacks or Separation Spaces of 1.2 metres or greater. Where
unenclosed steps extend into Side Setbacks which are not used for vehicular
access, such steps shall not exceed a Height of 1.0 metres above Grade.
The Development Officer determined the maximum projection into the
(north) Side Setback is 0.6 metres. The proposed development provides a
projection into the (north) Side Setback of 2.0 metres, which is in excess of
the maximum by 1.4 metres.
Section 71.3(b) states where a Religious Assembly is to be developed on a Site
that is within 60.0 metres of a Site zoned to allow a Single Detached Dwelling as
a Permitted Use, the maximum total Site Coverage shall not exceed 40 percent.
The Development Officer determined the maximum Site Coverage is 40
percent. The existing Site Area is 1057 square metres and 40 percent of the
Site Coverage is 422.80 square metres. The Site Coverage of the proposed
development is 497 square metres (47 percent), which exceeds the maximum
allowable by 74.2 square metres (7 percent).
Section 54.2 Schedule 1(A)(43) states a Religious Assembly shall have 1 parking
space per 4 seats.
The Development Officer determined 22 parking spaces are required. The
proposed development provides 6 parking spaces, which is deficient by 16
parking spaces.
Hearing Date: Thursday, April 9, 2015
9
Section 55.4(7)(a) states for development consisting of Non-residential Use
Classes, the number of trees and shrubs provided shall be determined on the basis
of the following:
a. one tree for each 25 square metres and one shrub for each 15 square metres
of Setback at grade; and
b. one tree for each 30square metres and one shrub for each 10 square metres of
required parking area islands. In no case shall there be less than one tree per
required parking area island.
The Development Officer determined 31 trees are required. The proposed
development provides 16 trees, which is deficient by 15 trees.
Section 55.8(3)(a) states the proportion of deciduous to coniferous trees and
shrubs shall be approximately 50:50.
The Development Officer determined the required ratio of deciduous to
coniferous trees and shrubs is 50:50. The proposed development provides
100 percent deciduous trees and shrubs, which is in excess by 50 percent.
The decision of approval by the Development Officer has been appealed by:




the Alberta Avenue Community League
the property owner at 11701 – 96 Street
the property owner at 11710 – 94 Street
the property owners at 11542 – 92 Street
It should be noted the property owners at 11701 – 96 Street and 11542 – 92 Street are
located outside the notification radius.
Under Section 6.1(90), Side Setback means the distance that a development or a
specified portion of it, must be set back from a Side Lot Line. A Side Setback is not a
Side Yard, Amenity Space or Separation Space.
Hearing Date: Thursday, April 9, 2015
10
Under Section 6.1(82), Rear Setback means the distance that a development or a
specified portion of it, must be set back from a Rear Lot Line. A Rear Setback is not a
Rear Yard, Amenity Space or Separation Space.
Under Section 6.1(93), Site Coverage means the total horizontal area of all buildings or
structures on a Site which are located at or higher than 1.0 metres above grade, including
Accessory Buildings or Structures, calculated by perpendicular projection onto a
horizontal plane from one point located at an infinite distance above all buildings and
structures on the Site. This definition shall not include:
a. steps, eaves, cornices, and similar projections;
b. driveways, aisles and parking lots unless they are part of a Parking Garage which
extends 1.0 metres or more above grade; or
c. unenclosed inner and outer courts, terraces and patios where these are less than
1.0 metres above grade.
Section 140.1 states the purpose of the Small Scale Infill Development Zone is to provide
for Single Detached Housing and Semi-detached Housing while allowing small-scale
conversion and infill redevelopment to buildings containing up to four Dwellings, and
including Secondary Suites under certain conditions.
Section 814.1 states the purpose of the Mature Neighbourhood Overlay is to ensure that
new low density development in Edmonton’s mature residential neighbourhoods is
sensitive in scale to existing development, maintains the traditional character and
pedestrian-friendly design of the streetscape, ensures privacy and sunlight penetration on
adjacent properties and provides opportunity for discussion between applicants and
neighbouring affected parties when a development proposes to vary the Overlay
regulations.
Included in the Sustainable Development Department’s POSSE system, under “SDAB”,
is a Memorandum dated November 24, 2014 from Kelly Sizer, General Supervisor,
Development Planning, Transportation Planning Branch which indicates that
Transportation Services has reviewed the development application and has provided
conditions and advisements.
A copy of the revised Memorandum from
Transportation Services is on file.
Hearing Date: Thursday, April 9, 2015
11
The following permit applications are listed in the Sustainable Development POSSE
system:
Application
Number
139323748-004
SDAB-D-13-239
139323748-001
Description
Decision
Construct a Religious
Assembly Use Building
(Salvation
Army
Edmonton
Crossroads
Community Church) and to
demolish
the
existing
Religious
Assembly
Building.
To construct a Religious
Assembly Use Building
(Salvation
Army
Edmonton
Crossroads
Community Church) and to
demolish
the
existing
Religious
Assembly
Building.
October 25, 2013; Appeal be DENIED
and the decision of refusal by the
Development Officer be CONFIRMED
September 12, 2013; Refused.
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal Board issue
its official decision in writing within fifteen days of the conclusion of the hearing. Bylaw
No. 11136 requires that a verbal announcement of the Board’s decision shall be made at
the conclusion of the hearing of an appeal, but the verbal decision is not final nor binding
on the Board until the decision has been given in writing in accordance with the
Municipal Government Act.
Hearing Date: Thursday, April 9, 2015
12
CB2
RF3
CB2
RF3
RF3
RF3
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-15-063
N
Hearing Date: Thursday, April 9, 2015
13
BUSINESS LAID OVER
SDAB-D-15-071 An appeal to construct exterior alterations to an existing Automotive and
Minor Recreation Vehicle Sales/Rentals development (revise previously
approved landscape plan to replace landscaping with fencing)
April 15, 2015
SDAB-D-15-065 An appeal to operate a Major Home Based Business (chiropractic clinic with
15 clients a day, 60 clients a week, and 1 non-resident employee
April 22 or 23, 2015
SDAB-D-15-075 An appeal to construct exterior alterations to an existing single detached
house (extension to front concrete driveway 9.50 metres x 15.5 metres
May 6, 2015
APPEAL HEARINGS TO BE SCHEDULED
168199400-001
164242106-004
An appeal to construct a Semi-detached House with a fireplace, rear balcony
and rear uncovered deck (1.83m x 12.19m) and to demolish an existing
Single Detached House and rear Detached Garage
April 15 or 16, 2015
An appeal to construct a Single Detached House with rear attached Garage,
front veranda (3.35m x 1.47m), front balcony above (irregular shape 4.57m x
3.15m) side covered deck (5.03m x 3.66m), and Basement development (not
to be used as an additional Dwelling)
April 16, 2015